Appeal No. 2006-1742
Application No. 10/001,439
nutritional supplements, such as infant formulas. Paul describes a nutritional
supplement, primarily for gastrointestinal heath, for animals including infants,
comprising immunogloblulins derived from colostrum, lactoferrin, citrus pectin and guar
gum. Plaut describes an infant formula comprising colostrum and lactoferrin. In our
opinion, a person of ordinary skill in the art would have found it obvious to substitute
immunoglobulins obtained from colostrum as taught by Paul with the colostrum
comprising immunoglobulins taught by Plaut. Where the prior art recognizes two
components to be equivalent, an express suggestion to substitute one for another need
not be present in order to render such substitution obvious. In re Fout, 675 F.2d 297,
301, 213 USPQ 532, 536 (CCPA 1982).
In addition, the desirability of adding a dietary fiber such as beta glucan to a
nutritional supplement composition comprising various dietary fibers for the desired
purpose of improving gastrointestinal and overall health is derived from the references
themselves.
Appellant also points to the various deficiencies of each of the references
individually, but fails to address the fair teachings of the cited references in combination.
"[A]ll of the disclosures in a reference …'must be evaluated for what they fairly teach
one of ordinary skill in the art.'" In re Inland Steel Co., 265 f.3d 1354, 1`361, 60
USPQ2d 1396, 1401 (Fed. Cir. 2001). More particularly, appellant argues Paul does
not describe beta glucan and colostrums, Plaut does not describe beta glucan, citrus
pectin and essential polysaccharides and Donzis does not describe each of the claimed
ingredients. Brief, pages 6-7. However, the rejection is based on a combination of
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007